Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"adduce" includes give.

"alternative dispute resolution processes" means procedures and services for the resolution of disputes, and includes:

                     (a)  conferencing; and

                     (b)  mediation; and

                     (c)  neutral evaluation; and

                     (d)  case appraisal; and

                     (e)  conciliation; and

                      (f)  procedures or services specified in the regulations;

but does not include:

                     (g)  arbitration; or

                     (h)  court procedures or services.

Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.

"authorised member" means a member who has been authorised by the President under section 59A for the purposes of the provision in which the expression occurs.

"authority of the Commonwealth" means an authority, tribunal or other body, whether incorporated or not, that is established by an enactment.

"Commonwealth agency" means a Minister or an authority of the Commonwealth.

"Conference Registrar" means a Conference Registrar of the Tribunal.

"Deputy President" means a member appointed as a Deputy President of the Tribunal after the commencement of Part III of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 .

"Deputy Registrar" means a Deputy Registrar of the Tribunal.

"District Registrar" means a District Registrar of the Tribunal.

"enactment" means:

                     (a)  an Act;

                     (b)  an Ordinance of a Territory other than the Northern Territory or the Australian Capital Territory; or

                     (c)  an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance;

and includes an enactment as amended by another enactment.

"full-time member" means a member who is appointed as a full-time member.

"Judge" means:

                     (a)  a Judge of a court created by the Parliament; or

                     (b)  a person who has the same designation and status as a Judge of a court created by the Parliament.

"member" means a presidential member, a senior member, or any other member of the Tribunal.

"non-presidential member" means a member other than a presidential member.

"officer of the Tribunal" means the Registrar, a District Registrar, a Conference Registrar or a Deputy Registrar.

"part-time member" means a member who is appointed as a part-time member.

"President" means the President of the Tribunal.

"presidential member" means the President, a member who is a Judge or a Deputy President.

"proceeding" , in relation to the Tribunal, includes:

                     (a)  an application to the Tribunal for review of a decision; and

                     (b)  an application to the Tribunal under subsection 28(1AC); and

                     (c)  an application to the Tribunal for review of a decision by the Registrar, a District Registrar or a Deputy Registrar taxing any costs ordered by the Tribunal to be paid; and

                     (d)  an application to the Tribunal for a costs certificate under section 10A of the Federal Proceedings (Costs) Act 1981 ; and

                     (e)  an application to the Tribunal under subsection 62(2) of the Freedom of Information Act 1982 ; and

                      (f)  any other application to the Tribunal under this Act or any other Act; and

                     (g)  any matter referred to the Tribunal for inquiry and/or review under this Act or any other Act; and

                     (h)  an incidental application to the Tribunal made in the course of, or in connection with, an application or proposed application, or a matter, referred to in a preceding paragraph.

"Registrar" means the Registrar of the Tribunal.

"security assessment or assessment" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"senior member" means a senior member of the Tribunal.

"Small Taxation Claims Tribunal" means the Taxation Appeals Division of the Tribunal when that Division is required under Part IIIAA to be known as the Small Taxation Claims Tribunal.

"State" includes the Northern Territory and the Australian Capital Territory.

"Tribunal" :

                     (a)  means the Administrative Appeals Tribunal established by this Act; and

                     (b)  in relation to a proceeding, means the Administrative Appeals Tribunal so established as constituted for the purposes of the proceeding; and

                     (c)  includes a member, or an officer of the Tribunal, exercising powers of the Tribunal.

             (2)  Where a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an enactment to make decisions, this Act applies as if that board, committee or other body were a person empowered to make those decisions.

             (3)  Unless the contrary intention appears, a reference in this Act to a decision includes a reference to:

                     (a)  making, suspending, revoking or refusing to make an order or determination;

                     (b)  giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;

                     (c)  issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;

                     (d)  imposing a condition or restriction;

                     (e)  making a declaration, demand or requirement;

                      (f)  retaining, or refusing to deliver up, an article; or

                     (g)  doing or refusing to do any other act or thing.